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HILL v. DIAMOND

Nos. 3712, 3753.

203 F.Supp. 877 (1962)

Rudolph E. HILL, Plaintiff, v. B. F. DIAMOND, trading as Diamond Construction Company, Defendant. John Gene HODGES, Plaintiff, v. B. F. DIAMOND, trading as Diamond Construction Company, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

April 17, 1962.

Attorney(s) appearing for the Case

Bangel, Bangel & Bangel, L. David Lindauer, Portsmouth, Va., for plaintiffs.

Seawell, McCoy, Winston & Dalton, John W. Winston and Charles R. Dalton, Jr., Norfolk, Va., for defendant.

WALTER E. HOFFMAN, Chief Judge.

Motions for summary judgment having been filed by the defendants and the issues being identical in each case, the uncontroverted facts are that Diamond Construction Company, hereinafter referred to as "Diamond" is the prime contractor for the construction of a vehicular tunnel to be laid on the bottom of the Elizabeth River connecting the cities of Norfolk and Portsmouth. When completed, the tunnel will consist of twelve sections or...

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